How do human rights relate to environmental policy?

Human rights is a broader term. It proposes that every human has the right to live in a

safe and free environment, to be treated fairly, and to have the government support him.

However, Climate change is adversely affecting human rights, including the right to health, food,

life, and a satisfactory standard of living (Aminzadeh, 2006). Climate severe consequences are

evident in the form of extreme weather conditions resulting in natural disasters, and destruction

completely disrupting the normal functioning of human life. noticing these problems Climate

change is becoming a major concern for the international community today (Falstrom, 2002). It

is one of the main issues that the twenty-first century is dealing with. The global community is

becoming more mindful of what environmental degradation means for common people and how

strongly it is linked with their basic rights, and their connection with the natural world. This

concern has grabbed the attention of the world`s scholars and now different studies are being

conducted to explore how climate change impacts human rights including shelter, water, food,

health and even the right to live. Now it is widely accepted that Climate change greatly

influences the living population by distorting political, social and economic systems worldwide.

Climate change causes severe damage to the people of affected areas by damaging their property,

food, public health and overall livelihood. Recognizing these problems as a global issue the

governments of the world are forced to consider environmental change as a part of human rights

(OHCHR, 2015). It is widely debated by scholars that environmental degradation severely

violates human rights, while there are others as well who propose that the environmental policy

needs a rights-based approach.

In this regard the present literature review conducts an in-depth analysis of the issue

based on the previous literature, especially taking into account the three key authors who have

contributed much in this regard; the first author that the present literature review discusses is

Aminzadeh and his work "A Moral Imperative: The Human Rights Implications of Climate

Change", advocates environmental policy change and provides relevant examples to prove her

argument ( According to her environmental degradation disrupts greenhouse gas (GHG)

emissions to such an extent that it has begun producing a dangerous atmosphere and influenced

the climate system( Margot Wallstrom, Climate Policy for the 21st Century, 2006). This issue

has become a global phenomenon. Environmental advocates and lawyers have begun using

lawsuits and legal avenues to find the solution to the problem, for instance, a team of lawyers

recently applied a human rights approach to the issue of climate change in their petition: Inuit

Circumpolar Conference' in the Inter-American Commission on Human Rights (IACHR)

(Aminzadeh, 2006). though it has always been difficult to put the environmental issue in legal

terms, however scientific evidence on the cause and effect that produce climate change is now

developing into international consensus. The Intergovernmental Panel on Climate Change

(IPCC), a body of scientists directed to analyze the issue, under the World Meteorological

Organization and UN Environment Program mandate described environmental change as

"unequivocal". And as climate change is beyond the control of national and international

boundaries, or limits (Osofsky, H.M., 2005), The same is happening in different parts of the

world such as in Canada, Australia, Nigeria, New Zealand and the United States several climate

change cases have been pending since 2004. Noticing this evidence the author claims that though

the world is considering climate change under the name of moral obligation or responsibilities, it

is not fully seen under human rights. In her study, she explores how legal actions against climate

change would appear to the world. She used the Inuit Petition to the IACHR. The petition was

not accepted however it paved the way for the world to see how climate change is causing

damage to human rights. The author states that the state must safeguard the life of its subject, but

bad climate causes certain diseases and sometimes pandemics that kill not only one but hundreds

of people, providing suitable means of food is the responsibility of the state but climate change is

destroying the farmlands, working places through producing a distorted atmosphere that disrupts

the natural functioning of the surrounding (Aminzadeh, 2006).. To give a place to live is the

responsibility of the state but in arctic regions, it is normal for people that they lose their homes.

So all in all climate change is causing severe damage to the fundamental rights of the people,

therefore, there is a need to consider this threat under the term human rights. The petition was

aimed at providing a legal foundation for holding nations responsible for their insufficient

control of greenhouse gases. Despite the petition being rejected, it established a precedent for
upcoming human rights-based climate change lawsuits and emphasized how important it is to

acknowledge how climate change affects people's lives.

The next author that the present literature review explores is Marc Limon and her work

"Human Rights and Climate Change: Constructing a Case for Political Action," in his work, he

argued for political actions regarding climate change in the context of human rights, she

proposed that the climate change exacerbates existing inequalities and puts a threat to basic

human rights, therefore there is a need for climate policy. She highlights that climate change

badly affects the indigenous people and low-income communities (Limon, 2009).. These groups

encounter environmental degradation resulting in social inequalities. She describes that climate

change is strongly linked to fundamental human rights such as shelter, food, health, water, and

the right to life, however diverse climate may result in natural disasters that may cause unclean

water, food shortage, territorial damage, and more. She advocates for such political policies

where the world governments realize the importance of climate change and incorporate it into

human rights. In her study she uses the United Nations Human Rights Council adopted

Resolution 7/23' on human rights and climate change that was adopted on March 28, 2008, and

deeply explores the issue, through this exploration she proposes that the application of human

rights on climate change policy will result in benefits for both national and international

organization and might result in solving the severed issue like global wearing and emphasizes an

inherent link between human rights and climate change(Limon, 2009. She uses the United
Nations Office of the High Commissioner for Human Rights (OHCHR) as a model and presents

an in-depth insight into the issue. She proposes the need to develop a framework where the terms

and conditions regarding environmental concerns could be redefined and better understood

(Akpambang, and Ajidasil, n.d). She gave the examples of the International Council on Human

Rights Policy ("ICHRP"), 8 Oxfam International, Forum, 22 and the United Nations

Development Programme (Raworth., 2008). Mary Robinson's Realizing Rights, ' Kofi Annan's

Global Humanitarian. the Organization of American States, (Shelton, 2009). all of them realized

that importance of climate change and its undeniable connection with human rights. The

OHCHR involves itself in capacity-building initiatives to empower communities, organizations

and governments, and to address the human rights dimensions directly linked to climate change.

It ensures that communities affected by climate change receive proper opportunities to

participate in decisions that influence their lives. According to these communities uphold the

rights to be involved in ecological decision-making processes. It considers stakeholders and

governments accountable for their actions to address these climatic impacts. These OHCHR

efforts to ensure the protection of human rights in the context of climate change and to empower

affected communities to engage in decision-making processes have reached a point that it is only

through political actions that the world can tackle this issue and work for the good of all

humankind.
 The next author that the present literature review discusses is ANNALISA SAVARESI

and his work, Human Rights and the Impacts of Climate Change: Revisiting the Assumptions.

The author Explored the concept of the right to a healthy environment and contributed to the

theoretical understanding of how human rights intersect with environmental policy (Oñati Socio-

Legal Series, 2021), He considered the role of human rights concerns in international climate

change lawsuits. He argued that Petitioners and Plaintiffs have been able to associate climate

impacts with individual rights through the use of human rights remedies and argumentation,

which have led towards solutions to world problems that would not have been accessible

otherwise (Humphreys, 2017) Human rights give voice to the voiceless by emphasizing the

values of non-discrimination and universality, as well as by stressing the rights of future

generations and the ones residing outside of a state's territory. However, when there is a point in

shifting the attention of human rights towards climate change and how it is linked to human

rights, the world encounters a critical and complex situation. Just like the Paris Agreement that

faced accountability issues. The declaratory relief offered under human rights laws labels abusers

to be shamed and named, however, this does not hold any value if not accompanied by steps to

discontinue future damage and repair the damage that has already been done. Similarly, these

suggested human rights remedies offer little, means to mitigate the negative effects of climate

change and few ways to cope with new emissions and damage. In this argument, the author
emphasizes that at government and state levels human rights organizations hold limited authority

to modify the conduct of multinational corporations.

He proposes that the success of litigation, about climate change, standing on human

rights grounds is dependent on both " social and legal variables," (Anderson 1998, 21). He

emphasizes that the is a need for an understanding and impartial judiciary as well as the

interpretation of standing laws to effectively govern the ability to lead a matter before a court or

panel in a way that allows freedom of expression to both individuals and organizations

(Anderson 1998, 21). For instance, in the Urgenda case, the petitioners succeeded in convincing

a national court to mandate a state to lower its emissions due to its commitments under

international human rights law along with many other reasons. similarly, applicants in the

Philippines were allowed to file cases under tort law against multinational business tycoons.

From here it can be easily concluded that the world truly achieved significant milestones and

shifted the human right laws boundaries (Savaresi and Auz 2019). The general public has now

been made aware of the dilemma of islanders, children, and other communities who are

vulnerable to the climate change effects based on human rights-based lawsuits. Furthermore,

prior experience indicates that well-filed human rights complaints may contribute to a shift in the

perspectives of legislators and judges. Moving ahead, much more can be done. National,

regional, and worldwide human rights grievance mechanisms can serve as formalized channels
for keeping an eye out for and punishing violations of human rights as well as exerting pressure

on state and non-state actors to make amends for the suffering caused by climate change.

States that are effected by climate change and are vulnerable to severe environmental

conditions may file an interstate lawsuit and argue that the harms caused by climate change acted

in violation of international human rights obligations. If successful, a ruling of a violation of an

obligation under international human rights law can be followed by a directive to make

amendments for the suffered injury (Wewerinke-Singh 2019, 160). However, it's crucial to

maintain one’s perspective. The ability of human rights litigation to remedy violations of human

rights and address their systemic causes is constrained, and it is not a solution. in terms of

international and national law, human rights law is a vital compliment that precisely deals with

the shortfalls in the treatment of loss and damage. It highlights the need for a state to implement

legal laws, adopt obligation, and provide proper remedies through adequate sanction of corporate

misbehavior. Since the first assessment by OHCHR report regarding strong connection between

human rights and climate change. It filled the gap left by Paris Agreement, and ensured that

human right laws truly serve as remedies and they stand out as” essential term of reference”. It

has managed to address the question of equity and justice in relation to climate change

(Humphreys, 2010a, 45).

In the end, we conclude that the author proposed that human rights law acts as a crucial

supplement to address the notable gaps in how harm and loss are treated in national and
international law. The statement underscores the responsibility of states to enact laws,

appropriately implement them, offer suitable remedies, and appropriately penalize corporate

misconduct. Therefore, 10 years before, when the OHCHR study made its initial evaluation of

the evident relationship between change n climate and human rights, it has been a long venture.

Furthermore, legislation regarding human rights and the concerned remedies now more than ever

a an "essential term of reference" to address justice and equitable issues developing in the

context of climate change, given the vacuum in climate responsibility left by the Paris

Agreement (Humphreys, 2010a, 45).

Noticing all the above given analysis and work of the author it can be safely concluded

that Each of the three authors very aptly and deeply understood and presented the issue

highlighting how strongly humas rights are connected to climate change and emphasized the

significance of integrating human rights ideas into environmental legislation, offering insightful

contributions to the discussion. Aminzadeh highlights the moral obligation to address the

consequences of climate change for human rights, whereas Limon underlines the necessity of

political action. She emphasizes the importance of environmental justice in their advocacy for

the acknowledgment of the human right to a healthy environment. But striking a balance

between conflicting interests and giving human rights first priority when making environmental

policy decisions is not easy. Moreover, there is constant discussion on the efficacy of

international legal frameworks in resolving these challenges, underscoring the complexity of the
relationship between environmental policy and human rights. But overall the world has given

some place to the relationship between climate change and human rights.

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Anderson, M.R. and Boyle, A.E., 1996. Human rights approaches to environmental protection.

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